Punjiya vs State Of Rajasthan ...
2023 Latest Caselaw 9034 Raj

[2023:RJ-JD:37755]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1215/2023

Punjiya S/o Shri Dhulia, Aged About 38 Years, R/o- Bawadi Patala, P.s.- Parsola, District- Pratapgarh, Rajasthan (Presently Lodged In District Jail, Pratapgarh)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/11/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

15.09.2023 passed by the learned Special Judge, NDPS Act Cases,

District- Pratapgarh in Special Sessions Case No.03/2022 whereby

he was convicted and sentenced to suffer nine years' rigorous

imprisonment along with a fine of Rs.90,000/- under Section 8/20

of the NDPS Act.

2. It is contended on behalf of the applicant that the recovered

contraband is well below demarcated commercial quantity. He

further submits that the learned trial Judge has not appreciated

the correct, legal and factual aspects of the matter and thus,

reached at an erroneous conclusion of guilt, therefore, the same is

required to be appreciated again by this court being the first

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appellate Court. Hearing of the appeal is likely to take long time,

therefore, the application for suspension of sentence may be

granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the appellant on application for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly, the facts that the recovered

contraband is well below demarcated commercial quantity, the

embargo contained under Section 32-A and 37 of NDPS Act is not

attracted in this case as well as the hearing of appeal is likely to

take further more time and considering the overall submissions

while refraining from passing any comments on the niceties of the

matter and the defects of the prosecution as the same may put an

adverse effect on hearing of the appeal, this court is of the opinion

that it is a fit case for suspending the sentence awarded to the

accused-appellant.

6. Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Special Judge, NDPS Act Cases,

District- Pratapgarh who passed the impugned order dated

15.09.2023 in Special Sessions Case No.03/2022 against the

appellant-applicant- Punjiya S/o Shri Dhulia shall remain

[2023:RJ-JD:37755] (3 of 3) [SOSA-1215/2023]

suspended till final disposal of the aforesaid appeal and he shall be

released on bail provided he executes a personal bond in the sum

of Rs.50,000/-with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

court on 04.12.2023 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

(1) That he will appear before the trial Court in the month of January of every year till the appeal is decided.

(2) That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 78-Ashutosh/-

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